Information No.

09458205, 09479105, and 09497005 New Brunswick Provincial Court (Provincial Court Office of Fredericton) BETWEEN: HER MAJESTY THE QUEEN and ANDRE CHARLES MURRAY (accused) FORM 2 AFFIDAVIT OF Shane Henry New Brunswick Rules of Provincial Court Practice I, Shane Henry, of the City of Fredericton, County of Sunbury, in the Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: (1) I Shane Henry hereby confirm that, I was indeed, in attendance, at: civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers Date: April 10, 2012, moreover, I did eye witness all events and or inter action between Neil Rodgers and Andre Murray, furthermore I was at all times within visual and hearing distance of both Andre Murray and Neil Rodgers, which I therefore, consequently, have personal knowledge of the matters herein deposed to, except where otherwise stated. (2) April 10, 2012, at or about 6:00 PM, I Shane Henry accompanied Court Document, Process Server Andre Murray to civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada, in the capacity of a witness, and for the purposes of monitoring/operating an audio video camera recording device, thereby, producing an audio video documentary of Process Server Andre Murray, as he attempted Process Service of Court Documents upon Trina Rodgers (as found named upon subject documents) DEFENDANT / INTENDED RESPONDENT.

(3) April 10, 2012, at or about 6:00 PM, prior to Process Server Andre Murray attempting Service, upon Trina Rodgers, Andre Murray provided for my examination the following subject Court Documents which Andre Murray intended to be Process Served upon DEFENDANT / INTENDED RESPONDENT Trina Rodgers, at her place of residence 15 Fisher Ave, Fredericton, Canada, NB, E3A 4J1; this Process Service was to be accomplished by leaving an Envelope containing the following 2 subject documents with Trina Rodgers: NOTICE OF MOTION FOR LEAVE TO APPEAL (FORM 62A) Dated April 5, 2012; Affidavit of Andre Murray; Dated April 5, 2012;

(4) I confirm that I did observe Trina Rodgers Date: April 10, 2012, at or about 6:00 PM as Trina Rodgers accompanied by her husband Neil Rodgers, was standing outside of her house, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada. (5) I confirm that I did observe Trina Rodgers Date: April 10, 2012, at or about 6:00 PM as Trina Rodgers heard Andr Murray announcing that he was approaching for the purpose of Process Serving Court Documents upon Trina Rodgers, at which time, Trina Rodgers did evidentially attempt to avoid subject Process Service by running into her house, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada, (6) At the time of Andre Murrays subject Court Document Process Service, upon Trina Rodgers, Date: April 10, 2012, at or about 6:00 PM I did not see any indication of Andr Murray physically behaving in any threatening manner; I did not hear Andr Murray utter threatening remarks of any kind; Andre Murray was not being aggressive or behaving in any other manner than to peacefully announce in a polite and respectful manner, his intentions to accomplish Process Service of Court Documents upon Trina Rodgers. (7) At the time of subject Process Service, of Court Documents at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers Date: April 10, 2012, at or about 6:00 PM, I witnessed Neil Rodgers abruptly intercept, then place his hands upon the body of Andre Murray, Neil Rodgers was pushing and shoving Andre

Murray, I witnessed Neil Rogers, without the consent of Andre Murray, intentionally and repeatedly apply physical force directly to the body of Andre Murray which I consider criminal assault. (8) Furthermore, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers Date: April 10, 2012, at or about 6:00 PM, I did witness Neil Rodgers as Neil Rodgers continually pursued Andre Murray in an aggressive and violent manner. (9) Furthermore, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers, Date: April 10, 2012, at or about 6:00 PM, I did witness Neil aggressively assault Andre Murray causing Andre Murray to fall to the ground, this was accomplished by Neil Rodgers who grasped suddenly and forcibly at the clothing of Andre Murray, whereby it appeared that Neil Rodgers pulled Andre Murray off balance then pushed Andre Murray onto the ground.

(10) Furthermore, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers, Date: April 10, 2012, at or about 6:00 PM, I did witness Neil Rodgers continue to physically attack Andre Murray, as Andre Murray recovered from Neil Rodgers having pushed Andre Murray down to the ground; this subsequent attack involved Neil Rodgers aggressively placing his arm around the neck and of Andre Murray, thereby incapacitating Andre Murray in the position of what is known as a headlock however, as this particular incident developed, and while Andre Murrays head was being held downward by the Neil Rodgers left arm headlock requiring Andre Murray to bend over forward at the hip I did at this time witness Neil Rodgers intentionally raise his right arm up into the air then with a closed fist (using great force) Neil Rodgers did strike Andre Murray directly in the head face area. (11) Furthermore, Date: April 10, 2012, at or about 6:00 PM, now Andre Murray has suffered numerous physical attacks by Neil Rodgers, however Andre Murray has not retaliated verbally or physically, and despite Andre Murrays appropriate behaviour, Neil Rodgers, once again, from behind wraps his arm around the neck of Andre Murray, whereby using great force Neil Rodgers can be observed suspending himself in the air from Andre Murrays neck in a most injurious manner, therefore, reasonably intending

to do great physical harm to Andre Murrays neck and or back by over extending and pulling Andre Murray backwards; this incident was now occurring directly in front of the entrance door of civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers. I did witness Neil Rodgers maintaining this chocking hold upon Andre Murrays neck while Neil Rodgers could be heard yelling absurd remarks which were contrary to the reality of the situation. (12) Furthermore, at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residential property of Neil and Trina Rodgers, Date: April 10, 2012, at or about 7:00 PM, I did observe the physical damage upon Andre Murrays face which I believe resulted from the closed fist of Neil Rodgers, punching Andre Murray on the face, while Neil Rodgers held Andre Murrays head in the above described headlock. (13) On the April 10, 2012, at the time of subject Process Service of Court Documents I did not observe Andre Murray behave in any manner which could be considered aggressive towards Neil Rodgers. I verily believe Andre Murray did not assault Neil Rodgers. (14) I verily believe Neil Rodgers has made fraudulent assertions and or reports to members of FREDERICTON POLICE FORCE, therefore, falsely claiming that Andre Murray, assaulted Neil Rodgers, April 10, 2012, at or about 6:45pm which has resulted in FREDERICTON POLICE FORCE laying unfounded frivolous and or vexatious charges of assault against Andre Murray. (15) April 10, 2012, at or about 6 pm I Shane Henry maintained the position of an audio video camera in such a manner so as to record the events, which occurred on the property outside the house at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada; the residence property of Neil and Trina Rodgers. (16) The herein subject audio video was recorded by myself, Shane Henry, on April 10, 2012, which accurately recorded the incidents, between Andre Murray and Neil Rodgers, and is attached hereto as named: exhibit A of this affidavit.

(17) At the time of the incident and as evidenced in this subject audio video of April 10, 2012, Trina Rodgers, the intended recipient of service of the Court documents, can be plainly seen, evading service by running from the top of the driveway, at 15 Fisher Ave, Fredericton, into the house, from left to right across the screen, as Neil Rodgers quickly approaches Andre Murray and immediately, without provocation, begins assaulting Andre Murray. (18) I Shane Henry hereby provide this affidavit in support of Andre Murray, who I verily believe is innocent of any wrong doing on Date: April 10, 2012, as I Shane Henry accompanied Process Server Andre Murray to civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada, moreover as the audio video recording which I have provided as an attachment named: exhibit A to this affidavit is evidence thereof. (19) I Shane Henry hereby certify that the attachment to this affidavit, named: exhibit A which is an Audio video recording of the incidents occurring April 10, 2012, at or about 6:00 PM, wherein Neil Rodgers victimizes Process Server Andre Murray at civic address 15 Fisher Avenue, Fredericton, New Brunswick, Canada, this subject Audio video recording I have provided as evidence, I hereby affirm subject Audio video recording attachment and exhibit A to this affidavit remains one hundred percent intact, therefore, nothing has been omitted, moreover, there has not been any alteration from its original substance. (20) I did witness Andr Murray, Process Serve, Court Documents, upon DEFENDANT / INTENDED RESPONDENT Trina Rodgers, at the front door of her place of residence 15 Fisher Ave, Fredericton, NB, E3A 4J1, April 10, 2012, at or about 6:00 PM, by leaving with Trina Rodgers an Envelope containing the following 2 documents: NOTICE OF MOTION FOR LEAVE TO APPEAL (FORM 62A) Dated April 5, 2012; Affidavit of Andre Murray; Dated April 5, 2012;

(21) I Shane Henry have reason to believe, therefore I verily believe as reported to me by Andre Murray, that certain members of FREDERICTON POLICE FORCE Constables: David Beck, Ali Yerxa and Jeff Lingley have bias against Andre Murray because of previous history between them, for

this reason, it must be considered improper that Constables: David Beck, Ali Yerxa and Jeff Lingley reportedly all participated in an investigation into this herein subject matter of an alleged assault, inter alia. SWORN TO AT THE City of Fredericton, In the County of York and Province of New Brunswick this_________day of __________ 2013. BEFORE ME: _________________________ A NOTARY PUBLIC Or COMMISSIONER OF OATHS PROVINCE OF NEW BRUNSWICK ) ) ) ) ) ) ) ) ) ) ) ) )

_________________________ Shane Henry